Single Idea 23521

[catalogued under 25. Social Practice / D. Justice / 2. The Law / a. Legal system]

Full Idea

Four questions: 1) Has the development of law been influenced by morals? 2) Must reference to morality enter into an adequate definition of law or legal system? 3) Is law open to moral criticism? 4) Does immorality justify legal punishment?

Gist of Idea

Do morals influence law? Is morality an aspect of law? Can law be morally criticised?

Source

H.L.A. Hart (Law,Liberty and Morality [1963], I 'Enforcement')

Book Reference

Hart,H.L.A.: 'Law,Liberty and Morality' [OUP 1968], p.1


A Reaction

[compressed] Three nice questions, which are his agenda for the book. It is obvious that immoral laws can be created, and that laws can be criticised for being too concerned with morality, so there is no clear general answer to these dilemmas.